In the last issue of the Advisor, we covered tips for dealing with noncompetes. Today, more detail on that, plus how to train your supervisors and managers on hiring (and everything else).
For some more guidance on dealing with noncompetes, we turned to the HR Red Book (What to Do About Personnel Problems in [Your State]). Here’s what it says about restrictive agreements.
Noncompete agreements prohibit former employees from engaging in a certain type of work within a defined geographical area and period of time. Noncompete agreements are regulated by state law, so their enforceability varies depending on the state where the employee is located. For instance, in California, noncompete agreements are generally unenforceable. Other states will enforce noncompete agreements if they serve an employer’s legitimate interests and are not overly broad.
As a general rule, noncompete agreements are not favored by the courts because they restrict an individual’s ability to make a living. In order to be enforceable, noncompete agreements generally must be:
· Limited to the employer’s legitimate business interests. The employer’s legitimate business interests may include protecting client lists, trade secrets, and other confidential information. A general prohibition against working for any competitor in any capacity would likely be too broad to be enforceable.
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· Limited in geographic scope. For instance, if an employee’s customer contacts were limited to the Northeast, a noncompete agreement should not seek to prevent him or her from working for a competitor anywhere in the country.
· Reasonable in duration. A noncompete agreement that restricts an employee from working for a competitor for more than a year will generally receive close scrutiny from the courts. Courts vary, however, from state to state on what they consider reasonable and enforceable.
Of course, noncompetes are just one small link in the chain of employment challenges your supervisors and managers deal with every day. And when they are new to the job, they don’t know how to handle those challenges. It’s not their fault—you didn’t hire them for their HR knowledge—so you can’t really expect them to act legally and appropriately right out of the box. But you can train them to do it.
To train supervisors and managers effectively, you need a program that’s easy for you to deliver and requires little time out of busy schedules. Also, if you’re like most companies in these tight budget days, you need a program that’s reasonable in cost.
We asked our editors what they recommend for training supervisors on the HR challenges that hit their desks every day, in minimum time with maximum effect. They came back with BLR’s unique 10-Minute HR Trainer.
As its name implies, it trains managers and supervisors in critical HR skills in as little as 10 minutes each.
10-Minute HR Trainer offers these features:
· Trains in 50 key HR topics, covering manager and supervisor responsibilities under all major employment laws, including how to legally carry out managerial actions from hiring to termination. For a complete list of topics, click here.
· Uses the same teaching sequence master teachers use. Every training unit includes an overview, bullet points on key concepts, a quiz, and a handout to reinforce the learning later.
Train your line managers with BLR’s 10-Minute HR Trainer. There won’t be time for classroom boredom. Try it free. Read more
· Completely prewritten and self-contained. Each unit comes as a set of reproducibles. Just make copies or turn them into overheads, and you’re done. To see a sample lesson, click here.
· Updated continually. As laws change, your training needs do as well. 10-Minute HR Trainer provides new lessons and updated information every 90 days, along with a monthly Training Forum newsletter, for as long as you are in the program.
· Works fast. Each session is so focused that there’s not a second’s waste of time. Your managers are in and out almost before they can look at the clock. Yet they remember small details even months later.
Evaluate It at No Cost for 30 Days
We’ve arranged to make 10-Minute HR Trainer available to our readers for a 30-day, in-office, no-cost trial. Review it at your own pace, and try some lessons with your colleagues. If it’s not for you, return it at our expense. Click here and we’ll set things up.
Download list of training topics
Download sample lesson